JD Criminal Law and Procedure 3

Question 1

Which standard must police meet to effectuate a valid arrest?

Accepted Answer

Probable cause

Answer

Reasonable suspicion

Answer

Preponderance of the evidence

Answer

Clear and convincing evidence

Question 2

Under Brady v. Maryland (1963), prosecutors are constitutionally required to disclose what?

Accepted Answer

Exculpatory evidence material to guilt or punishment

Answer

All investigative materials to the defense

Answer

Their trial strategy before trial

Answer

The identities of all government witnesses

Question 3

For conspiracy liability to attach under common law, most jurisdictions require which elements?

Accepted Answer

Agreement and an overt act in furtherance

Answer

Agreement only

Answer

Overt act and completion of the target crime

Answer

Prior criminal records of all parties

Question 4

What is 'voir dire' in the context of a criminal jury trial?

Accepted Answer

The process of questioning prospective jurors to select an impartial jury

Answer

The reading of charges to the defendant

Answer

The final instructions given to the jury

Answer

The defendant's plea at arraignment

Question 5

The 'good faith exception' to the exclusionary rule, established in United States v. Leon (1984), applies when:

Accepted Answer

Officers objectively and reasonably rely on a facially valid warrant later found defective

Answer

Officers act without any warrant

Answer

Officers conduct a warrantless search of a vehicle

Answer

Officers obtain consent from a person without authority

Question 6

Voluntary manslaughter differs from murder in that it involves a killing done:

Accepted Answer

In the heat of passion upon adequate provocation before cooling off

Answer

Without any premeditation

Answer

During the commission of a misdemeanor

Answer

By a defendant with diminished capacity